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HomeMy WebLinkAbout20071183 Ver 2_Approval Letter_20151218PAT MCCRORY ca DONALD R. VAN DER VAART Wa ter Resources S. JAY Z I M M E R M A N ENVIRONMENTAL QUALITY G)inrror December 18, 2015 Post Consumer Brands Attn: Robert Black 20802 Kensington Blvd Lakeville MN 55044 DWR # 07-1183 v2 Randolph County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Post Consumer Brands Stream Bank Stabilization Dear Mr. Black: You have our approval for the impacts listed below for the purpose described in your application dated September 24, 2015, received by the Division of Water Resources (Division) October 19, 2015, with subsequent information on December 9, 2015. These impacts are covered by the attached Water Quality General Certification Number 13 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 once it is issued to you by the. U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 770 (linear feet) 55 (linear feet) This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a.copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-9800 \ FAX: 336-776-9797 \ Customer Service 1-877-623-6748 Internet: www.ncdenr.gov- www.ncwater.org Post Consumer Brands DWR# 07-1183 v2 401 APPROVAL Page 2 of 3 3. In accordance with the revised plans submitted on December 9, 2015, no riprap or any other form of armoring shall occur within the stream bed/bottom. [15A NCAC 02H .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing feeds received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Post Consumer Brands DWR# 07-1183 v2 401 APPROVAL Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any questions or concerns. Sincerely, Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Enclosures: GC 3885 cc: Mack Summey, Summey Engineering Assoc. (via email) John Thomas, USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file